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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v XAVIER ZACHARIAH BENDER, Defendant-Appellant.

UNPUBLISHED August 17, 2006

No. 260594 Allegan Circuit Court LC No. 04-013795-FH

Before: Zahra, P.J., and Neff and Owens, JJ. PER CURIAM. Defendant appeals as of right his jury convictions of carrying a concealed weapon, MCL 750.227, felon in possession of a firearm, MCL 750.224f, assault with a dangerous weapon, MCL 750.82, and possession of a firearm during the commission of a felony, MCL 750.227b. He was sentenced to two years' imprisonment for felony firearm, to be served before his concurrent sentences of 30 to 120 months' imprisonment for his carrying a concealed weapon and felon in possession convictions, and thirty-six to ninety-six months' imprisonment for his assault with a dangerous weapon conviction. His convictions arose from an incident in which he pointed and shot a gun at the victim after defendant, the victim, and two witnesses had left a party. We affirm. Defendant first argues the introduction of the victim's preliminary examination testimony at trial violated his Sixth Amendment right of confrontation. A defendant has the right to be confronted with all witnesses against him. US Const, Am VI; Const 1963, art I,

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